[kthom]

Father in Mich. With sole physical custody (joint legal). Daughter is having ortho work done. I was ordered to pay 1/2 half of fee to orthodontist. However, mother signed for full responsibility so when I go to pay they will not credit me with a payment. At this time I am having some financial problems (work here is very slow, barely get 32 to 38 hrs per wk). Mom filed in court for payment of $208 plus atty fees. I contacted her atty to let her know that I had waived Mom's support arrearage to pay my debt to her of $208, but that I did not have money to pay atty fees. I also let atty know I could not attend the court hearing at date and time specified. Atty told me not to worry, that since I had waived her clients arrearage to pay my debt to client, she would not charge me her legal fees.and that I need not appear in court, she would handle it. I assumed she would dismiss the hearing or having it reset. Instead they went to court, I have been served with default judment in full amount of my share of the dental work as well as $750 in atty fees, a total of over $2500 that is now due in 30 days! There is no way I can pay this money. Can I file with the court to have the judgment vacated because her atttorney was away I could not get off work to attend the hearing, and I was told by court that it was up to her atty to request a different date and time, since I did not file, and I am not represented by an atty,(can't afford one). If I show that I do not have any way of coming up with this money in 30 days or 90 days for that matter, and that paying the orthodontic fees has become a hardship due to the change in my financial situation, do I have a chance to have this overturned. I had originally found an orhtodontist for my daughter that we liked, and was willing to set a payment agreement I could afford. Mom did not want that orthodontist and took me to court, the court decided that would chose a neutral orthodontist, who happened to be more expensive than I can afford, I told the court this. Bottom line what are the chances I can get this judgment vacated, and if I can't what will happen to me after the 30 days? Can the court remove my child from me? She was taken by the state from her mother 5 years ago for abuse and neglect in home.

[JudyKayTee]

Father in Mich. with sole physical custody (joint legal). Daughter is having ortho work done. I was ordered to pay 1/2 half of fee to orthodontist. However, mother signed for full responsibility so when I go to pay they will not credit me with a payment. At this time I am having some financial problems (work here is very slow, barely get 32 to 38 hrs per wk). Mom filed in court for payment of $208 plus atty fees. I contacted her atty to let her know that I had waived Mom's support arrearage to pay my debt to her of $208, but that I did not have money to pay atty fees. I also let atty know I could not attend the court hearing at date and time specified. Atty told me not to worry, that since I had waived her clients arrearage to pay my debt to client, she would not charge me her legal fees.and that I need not appear in court, she would handle it. I assumed she would dismiss the hearing or having it reset. Instead they went to court, I have been served with default judment in full amount of my share of the dental work as well as $750 in atty fees, a total of over $2500 that is now due in 30 days! There is no way I can pay this money. Can I file with the court to have the judgment vacated because her atttorney was away I could not get off of work to attend the hearing, and I was told by court that it was up to her atty to request a different date and time, since I did not file, and I am not represented by an atty,(can't afford one). If I show that I do not have any way of coming up with this money in 30 days or 90 days for that matter, and that paying the orthodontic fees has become a hardship due to the change in my financial situation, do I have a chance to have this overturned. I had orginally found an orhtodontist for my daughter that we liked, and was willing to set a payment agreement I could afford. Mom did not want that orthodontist and took me to court, the court decided that would chose a neutral orthodontist, who happened to be more expensive than I can afford, I told the court this. Bottom line what are the chances I can get this judgment vacated, and if I can't what will happen to me after the 30 days? Can the court remove my child from me? She was taken by the state from her mother 5 years ago for abuse and neglect in home.

As you have learned when you are dealing with Attorneys it is never good to "assume" anything. Did YOU advise the Court that you would not be unable to attend the hearing or did you leave it up to your ex-wife's Attorney?

I doubt you can set this aside on legal grounds without your own Attorney and that might cost you more than you've already been ordered to pay. My other thought is that these "side deals" - "I'll subtract this from the support payment" or anything similar - are like walking on quicksand, particularly without written agreements reviewed by Attorneys for both sides. If you think you have grounds to successfully argue against the Judgment, I would say go for it. If you do not (and are prepared, in the event you lose, to pay additional Attorney's fees), I would not.

I also see a problem going back to Court to open this up - you've apparently been there because you couldn't agree on an Orthodontist as well as this current matter and at some point the Court gets really tired of hearing from both of you.

As long as the child is not in danger I don't see her being removed from your home - but, of course, your ex-wife can always file for a change in custody. Will she win? Depends on a lot of factors. Judgments do not cause you to lose custody.

If you can't/don't pay as ordered the creditor can collect in any way permissible in your State - liens on bank accounts, wage garnishments and the like.

[kthom]

Well, I guess I will do what I can. I can't afford an attorney that seems to be the problem here. I was told by courts here that since I represent myself I am to inform her attorney if I cannot attend hearings and her attorney would file the necessary motions to reset the date etc. I have had to take off work 10 times this year alone because of the mother filing court hearings including a request to change custody, which she lost along with mot everything else. Can I ask the court set a reasonable payment plan since I am unable to pay in full at this time. That is how I got here of course. I am not deliberatley not paying, I don't have the money. I would get a personal loan if I could, but credit is not that great, and banks just aren't lending money much these days. If they garnish my wages, I would get a garnishment from mother and another from her attorney. Not much left to live on,pay rent etc. I Michigan they can take 25% of pay. That would be a minimum of $85.00 week for me, which would leave me with paychecks of about $300 per week to support a family and pay $900 month in rent plus utilities. Would get a second job, but again this is Michigan, unemployment is nearly 10% as it is. So, since I can't afford an attorney to fight this, can't get $2500 in 30 days, and sure can't afford an garnishment, couldn't afford the monthly pay on the orhto treatments, I guess I am in a mess. I will just try talking to judges office and see what they recommend I do, or what my options may be. Mom only has to pay $70 per month in support (shich she has never paid in full), just got a bonus because I waived her arrearage and court lets her get away with everything. If it was the other way around they would have put me in jail already.
Can I request an increase in her child support based on the fact that I will now have to pay off this debt one way or the other?

[JudyKayTee]

Well, I guess I will do what I can. I can't afford an attorney that seems to be the problem here. I was told by courts here that since I represent myself I am to inform her attorney if I cannot attend hearings and her attorney would file the necessary motions to reset the date etc. I have had to take off work 10 times this year alone because of the mother filing court hearings including a request to change custody, which she lost along with mot everything else. Can I ask the court set a reasonable payment plan since I am unable to pay in full at this time. That is how I got here of course. I am not deliberatley not paying, I don't have the money. I would get a personal loan if I could, but credit is not that great, and banks just aren't lending money much these days. If they garnish my wages, I would get a garnishment from mother and another from her attorney. Not much left to live on,pay rent etc. I Michigan they can take 25% of pay. That would be a minimum of $85.00 week for me, which would leave me with paychecks of about $300 per wk to support a family and pay $900 month in rent plus utilities. Would get a second job, but again this is Michigan, unemployment is nearly 10% as it is. So, since I can't afford an attorney to fight this, can't get $2500 in 30 days, and sure can't afford an garnishment, couldn't afford the monthly pay on the orhto treatments, I guess I am in a mess. I will just try talking to judges office and see what they recommend I do, or what my options may be. Mom only has to pay $70 per month in support (shich she has never paid in full), just got a bonus because I waived her arrearage and court lets her get away with everything. If it was the other way around they would have put me in jail already.
Can i request an increase in her child support based on the fact that I will now have to pay off this debt one way or the other?

There are TWO Orders for you to pay the Attorney/the mother or one?

I am amazed at the advice that the opposition's Attorney would handle Motions, etc. on your behalf but I'm not in Michigan - nor, after reading this, do I ever intend to go there.

Anyway - the Court will not set up payment options/plans. That's not what the Court does when it's a Judgment - if it's a Judgment. Your best bet for negotiating a payment plan is to negotiate with your ex's Attorney.

And, no, I don't see the Court entertaining an increase in her child support so you can pay her Attorney - very different issues.